Labor Relations Co-Chair Discusses NLRB Agenda Under Biden Administration

Steven Bernstein was interviewed for an article in International Employment Lawyer about the National Labor Relations Board’s (NLRB) priorities in 2022. Among many priorities for the NLRB  that were outlined in the article, Steven commented on the expansion of the agency’s test for employee status, which many labor lawyers anticipate will extend union representation rights to a broader proportion of the U.S. workforce, including independent contractors and gig workers.

“The agency is expected to overturn recent Trump-era independent contractor and joint-employer doctrine recognizing the ‘entrepreneurial’ interests of such workers in favor of a more doctrinaire approach broadening the standard for statutory employee status – and will likely take that doctrine a step further by rendering such misclassification an unfair labor practice,” he said.

Read the full article in International Employment Lawyer (subscription required).